Sacramento daily record-union., 1887-08-11
OPENING LETTERS.
EVIDENCE IN THE CASE
OF ED. J.. KENNEDY.
Testimony of Witnesses for the De-
fense--How Letters are Delivered
at Lodging-Houses.


Office in this city, was resumed yesterday
in the United States District Court at San
Francisco before Judge Hoffman.
w. S. Leake, Deputy Postmaster, re-
sumed the stand and continued giving his
direct testimony He was asked to explain
the alleged complaint of Mrs. Jane Davis.
Witness stated that Mrs. Davis filed no
complaint al the office His attention was
called to the matter by an item in the Sac
ramento Bee He Immediately called upon
Mrs Davis to ascertain what her grievance
was. The Bee alleged that she had sent
packages by mail to Oregon and Nebraska.
Mrs. Davis, when interviewed by witness,
said she had no complaints to make against
the Sacramento Office. The package sent
to Oregon had reached its destination. She
accounted for the delay in its delivery, from
the fact that her son, 10 whom 1t was sent,
lived ninety miles from the line of railway
The packages she sent to Nebraska were not
registered, and she could not remember to
whom they were addressed, whether to q
niece or a nephew, neither could she give
the date upon which they were sent. She
could give no information by which the
packages could be traced; she said she
wished TO enter no complaint and conse-
quently the matter was dropped. Witness
said that frequently individuals who pur-
chased money-orders, held the same be-
lieving they were receipts for the money,
which they supposed was forwarded by the
postmaster.
General Carey-Do lawyers ever make
such mistakes?
If Ia
came into the office to make inquiries
about a mosey-order, which he had bought
and which had not reached the party for
whom it was issued. In taking letters out
of his pocket, the postmaster saw a money
order among them, and called attention to
il, saying, What that? "Oh !" replied
the complainant, that is the receipt you
gave me-
Mr.. McElrath-What is that lawyers
name?
Witness-Add G. Hinkson.
Witness, continuing, said the defendant
was upon one occasion discovered with the
contents of the box of Weinstock & Lubin
in his hands. He explained his act by
stating that one of the employees of the
firm asked him to look through the box for
an important letter. Defendant had key
to the Fourth street door. He said Vein
stock d. Lubin filed complaints, alleging
losses of currency as well as other valu-
ables
On cross examination witness could not
remember the dates of certain Transactions
but others that had been called to his at
tention by newspaper reports he remem-
bered quite accurately. He explained this,
saying any one who had experience with
newspapers after them, could probably ex-
plain how it was that they could remember
them so well. When the Bees articles came
out, turned my attention to those cases
and hunted them out
The articles in the Bee were then read
and Mr.. Leake in two or three explanations
disposed of them. They were mountains
out of mole hills.
The next witness placed upon the stand
was Edward A. Parker, who is a mail
carrier on the route in this city where John
A. Sheehan's money, ii is said, was lost. He
delivered the mail 10 the Arcade Lodging
house. where Jessie Francis at one time re-
sided, in room %, and to whom Sheehan's s
letter was addressed, containing SO. He
received notice from Sacramento that the
letter was lost, and proceeded to investigate
the landlady of the house and Miss Fran
els. He said the landlady seemed very much
agitated; but he was little bit surprised
at the unconcern manifested by Jessie
q
lost SIC, which belonged to her, as he pre-
sumed this did, they were ready 10 jump
on person with both feet. She was not
saucy about it. even little bit. He de-
livered lots of letters to Miss Francis al
ways leaving them with the landlady
Iu speaking to the reporter about the Ar
cade, where Miss Francis stopped he said
it was rather tor ga. The Stone brothers
and other well-knOwn gamblers hung out
there. He said when he explained to Jessie
Francis that the letter had been left in the
box, i'll the hall, the same as other mail,
she remarked "Oh, that will ba all right" :"
and applying a high-toned military title
to her correspondent, said, e will have
him duplicate it,
NJ McManus, Registry Cl-rk, was the
next witness placed upon the stand to cor
roborate the testimony of Ar Leake re-
garding the written confession ot the de-
fendant to which he was witness.
George A. Miller, stamp clerk, testified
to his duties in the Office, to the duties of
the others, and how and by whom mail is
distributed on Sundays. He admitted he
attended base ball games on Sundays. He
knew defendant, knew his duties in the
Office, knew of his discharge and the causes
therefor.
Chas. F. Phipps. Superintendent of the
he knew the defendant He at one time
was in their employ. Was discharged
some three years ago for inattenticn and
mischievous conduct. He remembered the
letters of Weinstock & Lubin that were de-
layed and opened. This firm did large
business through the Postoffice. The
money came in money-orders, postal
notes, currency and stamps. Currency is
received in letters by this firm every day
L. B. Hopkins, Deputy United States
Marshal, the next witness said he arrested
the defendant in the machine shop of the
railroad company, at Sacramento. 1t was
abount noon. The father immediately
started out to hunt up bond, and the
Marshal and the defendant went to the
| postoffice. On their arrival there the boy
| took the Marshal and Mr. Leake out back,
| and showed them where he had secreted
| the letters. They were in a small room
6xS. On going into the room the first
| thing the boy said was: ~ on have changed
! the shelving since was in here last He
| then with motion of his hand said. %
put them around behind these" pointing
to number of packages of advices.
With this the prosecution rested.
THE DEFENSE.
One of the attorneys for the defense in
addressing the jury, said he expected to
prove that on Sunday. October 18th, the de-
! fendant was engaged. by request of others
| in stamping letters that had come in on the
| Oregon mail. The lad had been eating
green apples, and consequently did not feel
| very well. After opening package of let.
tiers, and while they were in his hands, he
started hurriedly for closet, in the rear Of
the building. Just before reaching the
closet he noticed he had the letters in his
hand, showed them hurriedly into this
room, and pressed on. When he returned
he forgot the letters, and, boy-like, never
thought of them again. If he placed them
there with the intention of rifiing them be
had ample opportunity, and the fact Of
their not being all opened goes to prove
that fact. They would admit that he did
! take the letters, but would not admit that
il was with evil intent.
| ]. W. Stafford was the first witness called
for the defense. He knew nothing about
the defendants case. He knew that he alsc
was an ex-employe of the Sacramento of
| fee. He tried to run the registry depart
| ment, became muddled in bis cash account
paid up shortage of s237 and quit. He
however, claimed, that his account wa:
| short by others peculations, but charged
no one with the crime. His testimony
showed that he had very strong dislike
| for Mr.. Leake.
Victory at Last.